Just like heterosexual couples, same-sex couples break up. Florida Law however, only protects validly recognized marriages, so when a couple divorces, any estate planning document that lists the former spouse becomes null and void.
Not so with same-sex partners. If you are in a relationship that ends, it is important to contact an estate planning attorney who can direct you. A Power of Attorney must be revoked in writing. It is important to provide this written revocation to any of your banks and financial institutions, so that they are on notice that your previous document (which named your former partner) is no longer valid. Also important is to revoke in writing your Designation of Health Care Surrogate and any other document that gives power and authority to your former partner to act on your behalf.
As far as your Last Will and Testament, there are several ways to revoke your Will. Florida Statutes provides that you may revoke your Will by a writing. In other words, preparing a new Will which declares that you are revoking any previous Wills. You can also revoke your will by an act, such as burning, tearing, or destroying it with the intent and for the purpose of revocation.
As you protect your relationships through estate planning documents, it is equally important to revoke any documents which provide for or give authority to a former partner. Contact Estate Planning Attorney, Patricia H. Davis, if you need assistance in changing or revoking your legal documents.